The grace period is the additional six-month buffer granted by law after a registered trademark's validity period expires, within which the registrant may still complete the renewal formalities. Renewal filed during the grace period requires a late fee on top of the renewal registration fee; if no renewal is filed by the end of the grace period, CNIPA cancels the registered trademark.
Legal Basis
Article 40 of the Trademark Law provides that where a registered trademark needs to be used beyond its validity period, the renewal formalities shall be completed within twelve months before expiry; where this cannot be done within that period, a six-month grace period may be granted. Where the renewal formalities are not completed upon expiry, the registered trademark shall be cancelled.
The grace period is a statutory period — no application is needed and it is enjoyed automatically. Its nature is a final relief for a right holder's oversight, not a regular filing channel.
Calculating the Period
The grace period runs for six months from the day following the expiry of the validity period. For example, if a trademark is valid until March 10, 2026, the grace period runs from March 11, 2026 to September 10, 2026. The deadline is not extended for holidays, and mailed applications count by the date CNIPA receives them, so filing against the final deadline is not advisable.
Fees and Formalities
Renewal filed during the grace period requires, in addition to the regular renewal registration fee of RMB 500 per class (RMB 450 online), a late fee of RMB 250 per class (RMB 225 online). The application materials and examination process are otherwise identical to a regular renewal. Once approved, the new term still runs from the day following the expiry of the previous term, with no gap in the right.
The Special Status of Rights in the Grace Period
During the grace period the trademark has not yet been cancelled; the exclusive right subsists but is in limbo. Note the following:
- Others may not use the trademark as a matter of course during this period, but enforcement claims may face defenses concerning the status of the right;
- The trademark may still be the subject of assignment or licensing during this period, but assignees will usually require the renewal to be completed first;
- Where no renewal is filed by the end of the grace period, the trademark lapses as of the expiry date of the validity period and is cancelled.
Relationship to Related Regimes
After a trademark is cancelled for non-renewal, the one-year isolation period under Article 50 of the Trademark Law applies: within one year of cancellation, CNIPA will not approve applications for identical or similar marks. This leaves a window for the former right holder to re-register, but re-registration requires full examination and is not guaranteed.
Practical Advice
The grace period should be treated as an emergency fallback, not a routine option. A company's trademark ledger should set multi-level alerts anchored to the expiry date, and renewal should be brought forward into the regular twelve-month window — saving the late fee and avoiding the uncertainty of rights status affecting commercial arrangements.
How these concepts apply in specific cases varies in detail; you may consult a recorded trademark agent at MyTMBee for case-specific analysis.